Legal Question in Employment Law in Massachusetts

Violation of employment agreement

I joined a Construction Skilled trades provider in 2004 as a Regional sales director and have gone through 3 reorganizations in 3 years and was asked to accept lower compensation each time. In Sept. of 2007 I invested in a company with my family that is also in the staffing industry but not a competitor. I refused the latest offer for yet another re-org. and subsequent $17k reduction in pay as well as a possible 25% reduction in variable compensation. I was negotiating with upper management when they terminated me and are filing suite for breach of contract. They are claiming I have harmed the company and that I'm competing for their business. This has never happened, how do I defend myself.


Asked on 1/31/09, 1:58 am

1 Answer from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Re: Violation of employment agreement

I'm sorry that you find yourself in this awful situation.

If the issue is that the company in which you invested is very clearly not competing with your former employer, then what I would contemplate is meeting with them and providing them, on a confidential basis (an appropriate confidentiality agreement would have to be signed, filed with the court and made an order of the court) documents reflecting the fact that the company is not competitive with your ex-employer. I would envision this being done before you even have to answer the complaint. If the ex-employer is satisfied with this, then presumably it would dismiss the case. If this doesn't work, you would have to defend the case and try to get rid of it prior to trial by asking the court to grant "summary judgment", which can be done where there is nothing in the factual record that establishes that the plaintiff can recover anything from you. In any event, it appears that you need to secure the services of an attorney.

I would be happy to discuss the matter with you in greater detail, over the weekend if necessary. My contact information is on my web site at www.lawfang.com

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Answered on 1/31/09, 9:54 am


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